Attorney-Client Privilege in the United States, 2022-2023 ed.

Attorney-Client Privilege in the United States is the definitive treatment of the theory, history, and function of the attorney-client privilege in America’s courts. Routinely cited by federal trial and appellate courts, this two-volume treatise spans more than 3,000 pages of detailed, insightful commentary, offering practitioners, jurists, and scholars an easy-to-use, thorough, annually updated analysis of privilege issues, nuances, and complexities.

Over 20,000 citations to authorities — from every federal court level and jurisdiction throughout the nation and to leading scholarship on the topic — make this the essential resource on the privilege.

Topics include:

• The origins of the privilege, its history, theory, purposes, and guiding principles.
• An exhaustive tour through each of the privilege’s elements and exceptions.
• An exploration of privilege waiver, including waiver types, events, scope, and duration.
• An orientation to the mechanics for asserting, establishing, contesting, and resolving claims of privilege.
• Guidance on the logistics for pursing protective orders, confidentiality agreements, and disclosure reservations to preserve privilege.
• Discussion of constitutional, evidentiary, preclusion, choice-of-law, and appellate issues implicated by the privilege.